DOCSLIB.ORG

State Succession to the Immovable Assets of Former Yugoslavia

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
State Succession to the Immovable Assets of Former Yugoslavia STATE SUCCESSION TO THE IMMOVABLE ASSETS OF FORMER YUGOSLAVIA Prepared for ICG by Public International Law & Policy Group ICG Bosnia Report No. 20 20 February 1997 _________________________________________________________ TABLE OF CONTENTS EXECUTIVE SUMMARY.......................................................................................i I. ISSUE: WHETHER THE BOSNIAN CENTRAL GOVERNMENT OR THE BOSNIAN SUB-STATE ENTITIES PROPERLY SUCCEED TO THE IMMOVABLE ASSETS OF THE FORMER SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA LOCATED ON THE TERRITORY OF BOSNIA AND HERZEGOVINA. ..................................................................................................1 II. STATEMENT OF FACTS.................................................................................2 A. The dissolution of Yugoslavia .......................................................................2 B. The creation of the state of Bosnia and Herzegovina ...................................3 C. The status of the Republic of Bosnia from 1992-1995/6. ..............................3 D. The status of the Federation and the Republika Srpska. ..............................4 III. ANALYSIS OF PUBLIC INTERNATIONAL LAW ISSUES...............................4 A. Whether states or sub-state entities generally succeed to the predecessor state’s territorial assets? ...................................................................................5 1. Traditional state practice............................................................................5 2. The 1983 Vienna Convention.....................................................................6 3. The opinion of the Legal Advisers of the Council of Europe.......................6 B. Whether there exists a precedent in recent state practice for sub-state succession to a predecessor’s territorial assets? ..............................................7 1. The former Soviet Union............................................................................7 2. The former Czechoslovakia .......................................................................8 3. State practice in the case of the former Yugoslavia ...................................8 C. Whether in the case of the former Yugoslavia, the Republika Srpska participated in the process of succession to territorial assets?..........................9 D. Whether the decisions of the Arbitration Commission relating to matters of state succession support the assumption of territorial assets by states or sub- state entities?..................................................................................................10 E. Whether World Bank, IMF and other lender institution practice supports the assumption of territorial assets by states or sub-state entities? ......................12 F. Whether the constitution of Bosnia and Herzegovina adopted as an Annex of the Dayton Accords intended to transfer ownership of territorial assets to the sub-state entities?...........................................................................................13 IV. CONCLUSION..............................................................................................15 _________________________________________________________ Contributing Attorneys........................................................................................15 ABOUT THE INTERNATIONAL CRISIS GROUP ..............................................16 ABOUT THE PUBLIC INTERNATIONAL LAW & POLICY GROUP ...................16 _________________________________________________________ STATE SUCCESSION TO THE IMMOVABLE ASSETS OF THE FORMER YUGOSLAVIA: THE CASE OF BOSNIA AND HERZEGOVINA EXECUTIVE SUMMARY With the ongoing reconstruction efforts in Bosnia and Herzegovina and plans for the imminent privatisation of a number of industrial enterprises, the question has arisen as to whether the Bosnia and Herzegovina central government or the sub-state entities -- Republika Srpska and the Federation of Bosnia and Herzegovina -- properly succeed to the immovable assets of the former Socialist Federal Republic of Yugoslavia located on the territory of Bosnia and Herzegovina. This memorandum seeks to answer this question. After reviewing and evaluating the specific facts relating to the dissolution of the former Yugoslavia, the establishment of the state of Bosnia and Herzegovina, the creation of Bosnia’s internal political units, and the modification of those units by the Dayton Peace Accords in light of the public international law of state succession, including the law as represented by the traditional past practice of states, the 1983 Vienna Convention on Succession of States in Respect of State Property, Archives and Debts (1983 Vienna Convention), and recent state practice, this memorandum reaches the following conclusions: • Traditional state practice, the 1983 Vienna Convention, and the opinion of the Legal Advisers of the Council of Europe indicate only state entities possess the necessary capacity to succeed to the rights and obligations of the predecessor state. • Recent state practice in the case of the former Soviet Union, Czechoslovakia and Yugoslavia confirms that only state entities are considered to possess the necessary capacity to succeed to the rights and obligations of the predecessor state. • Throughout the course of the dissolution of Yugoslavia, the sub-state entities of the Republika Srpska, the Republic of Krajina, and the Bosnian Federation attempted without success to participate in public forums and diplomatic conferences addressing state succession issues. • The decisions of the European Union Arbitration Commission relating to matters of state succession support the assumption of territorial assets by states and not sub-state entities. • World Bank, International Monetary Fund and other lender institution practice supports the assumption of territorial assets by states and not sub-state entities. • The constitution of Bosnia and Herzegovina adopted as an annex to the Dayton Accords did not express sufficient specific intent to cause the transfer of ownership of territorial assets from the central government to the sub-state entities. From 1992 until 1995/96 the Republic of Bosnia therefore may be considered to have held title to the territorial assets of the former Yugoslavia located on Bosnian territory. Given the absence of the articulation of an express transfer of this title from the state of Bosnia to its sub- state entities in the Dayton Accords, title may properly be considered to continue to rest with the central government of Bosnia and Herzegovina. i _________________________________________________________ STATE SUCCESSION TO THE IMMOVABLE ASSETS OF THE FORMER YUGOSLAVIA: THE CASE OF BOSNIA AND HERZEGOVINA I. ISSUE: WHETHER THE BOSNIAN CENTRAL GOVERNMENT OR THE BOSNIAN SUB-STATE ENTITIES PROPERLY SUCCEED TO THE IMMOVABLE ASSETS OF THE FORMER SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA LOCATED ON THE TERRITORY OF BOSNIA AND HERZEGOVINA. The purpose of this memorandum is to examine the question of whether the Bosnian central government or the Bosnian sub-state entities succeed to and may properly regulate the immovable assets of the former Socialist Federal Republic of Yugoslavia (Yugoslavia) located on the territory of Bosnia and Herzegovina (Bosnia). To answer this question, this memorandum begins with an examination of the specific facts relating to the dissolution of the former Yugoslavia, the establishment of the state of Bosnia, the creation of Bosnia’s internal political units, and the modification of those units by the Dayton Peace Accords. These facts are then evaluated in light of the public international law of state succession, including the law as represented by the traditional past practice of states, the 1983 Vienna Convention on Succession of States in Respect of State Property, Archives and Debts (1983 Vienna Convention),1 and recent state practice in order to determine the initial allocation of assets amongst the political units of Bosnia. Specific questions addressed by this memorandum include: 1) Whether states or sub- state entities generally succeed to the predecessor state’s territorial assets? 2) Whether there exists a precedent in recent state practice of sub-state succession to a predecessor state’s territorial assets? 3) Whether in the case of the former Yugoslavia, the Republika Srpska participated in the process of succession to territorial assets? 4) Whether the decisions of the Arbitration Commission relating to matters of state succession support the assumption of territorial assets by states or sub-state entities? 5) Whether World Bank, International Monetary Fund (IMF) and other lender institution practice supports the assumption of territorial assets by states or sub-state entities? And, 6) whether the constitution of Bosnia and Herzegovina adopted as an annex to the Dayton Accords intended to transfer ownership of territorial assets to the sub-state entities? 1 Vienna Convention on Succession of States in Respect of State Property, Archives and Debts, UN Doc. A/CONF. 117/14 (April 7, 1983). Yugoslavia signed, but did not ratify Vienna Convention on Succession of States in Respect of State Property, Archives and Debts on October 24, 1983. Multilateral Treaties Deposited with the Secretary-General, at 93 (United Nations 1991. 1 _________________________________________________________ II. STATEMENT OF FACTS A. The dissolution of Yugoslavia The Slovene Declaration of Sovereignty in July 1990, and the subsequent declarations of Croatia and Macedonia,
Load more

Recommended publications
  • I Am Honoured to Have Been Invited Here to Deliver the Keynote Address
    KEYNOTE ADDRESS BY H.E. MR. ABDULQAWI A. YUSUF, PRESIDENT OF THE INTERNATIONAL COURT OF JUSTICE I am honoured to have been invited here to deliver the keynote address, and I am particularly happy that my first speech before you as President of the International Court of Justice should be on the occasion of the 70th anniversary of the International Law Commission. As a judge of the International Court, but also first and foremost as an international lawyer, the work of the International Law Commission has played, and continues to play, a crucial role in my daily work. Your dedication and that of your predecessors has allowed the international legal system to develop into what it is today. For that, on behalf of international lawyers everywhere, I thank you. Of course, in the first rank of these international lawyers are my colleagues at the International Court of Justice, many of whom have passed through the Commission and have asked me to convey to you their congratulations on this 70th anniversary as well as their best wishes for the future. The theme of today’s celebration is “Drawing a Balance for the Future”, but I want to take a few minutes to look back into the past in order to understand the role that the International Law Commission has played over the past seven decades. This brings to mind an African proverb, which says: “If you want to know the end, look at the beginning.” The twentieth century was a time of particular upheaval for the international legal system. On the one hand, the century marked the evolution of the international law from a system that was applicable only among a small circle of European States to one that has a credible claim to be a universal legal system, one in which States from all corners of the globe participate.
    [Show full text]
  • Draft Articles on Nationality of Natural Persons in Relation to the Succession of States with Commentaries 1999
    Draft Articles on Nationality of Natural Persons in relation to the Succession of States with commentaries 1999 Text adopted by the International Law Commission at its fifty-first session, in 1999, and submitted to the General Assembly as a part of the Commission’s report covering the work of that session (at para. 48). The report, which also contains commentaries on the draft articles, appears in Yearbook of the International Law Commission, 1999, vol. II, Part Two. Copyright © United Nations 2005 Nationality in relation to the succession of States 23 (c) Have their habitual residence in a third State, and were born PREAMBLE in or, before leaving the predecessor State, had their last habitual residence in what has remained part of the territory of the prede- The General Assembly, cessor State or have any other appropriate connection with that State. Considering that problems of nationality arising from succession of States concern the international Article 26. Granting of the right of option by the predecessor and community, the successor States Emphasizing that nationality is essentially gov- Predecessor and successor States shall grant a right of option to erned by internal law within the limits set by interna- all persons concerned covered by the provisions of articles 24 and tional law, 25, paragraph 2, who are qualified to have the nationality of both the predecessor and successor States or of two or more successor Recognizing that in matters concerning nationality, States. due account should be taken both of the legitimate interests of States and those of individuals, 2. TEXT OF THE DRAFT ARTICLES WITH COMMENTARIES Recalling that the Universal Declaration of Human THERETO Rights of 1948 proclaimed the right of every person to a nationality, 48.
    [Show full text]
  • The Treaty Obligations of the Successor States of the Former Soviet Union, Yogoslavia, and Czechoslovakia: Do They Continue in Force
    Denver Journal of International Law & Policy Volume 23 Number 1 Fall Article 3 May 2020 The Treaty Obligations of the Successor States of the Former Soviet Union, Yogoslavia, and Czechoslovakia: Do They Continue in Force Williams Paul R. Follow this and additional works at: https://digitalcommons.du.edu/djilp Recommended Citation Williams Paul R., The Treaty Obligations of the Successor States of the Former Soviet Union, Yogoslavia, and Czechoslovakia: Do They Continue in Force, 23 Denv. J. Int'l L. & Pol'y 1 (1994). This Article is brought to you for free and open access by Digital Commons @ DU. It has been accepted for inclusion in Denver Journal of International Law & Policy by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. The Treaty Obligations of the Successor States of the Former Soviet Union, Yugoslavia, and Czechoslovakia: Do They Continue in Force? PAUL R. WILLIAMS* I. INTRODUCTION The United States consistently asserts that the successor states emerging from the dissolution of the former Soviet Union, Yugoslavia, and Czechoslovakia are obligated to fulfill the treaty obligations of their predecessor states. The United States bases this duty on the international law of state succession with respect to treaties and on political commitments made during the process of establishing diplo- matic relations. The international law of state succession with respect to treaties, however, indicates that successor states are frequently entitled to a de novo review of the treaty commitments of the predecessor state, and they are not immediately obligated to assume all the treaties of the predecessor state.
    [Show full text]
  • The Statehood of 'Collapsed' States in Public International
    Agenda Internacional Año XVIII, N° 29, 2011, pp. 121-174 ISSN 1027-6750 The statehood of ‘collapsed’ states in Public International Law Pablo Moscoso de la Cuba 1. Introduction Over the last few years the international community has been witnessing a phenomenon commonly referred to as ‘State failure’ or ‘State collapse’, which has featured the disintegration of governmental structures in association with grave and intense internal armed conflicts, to the point that the social organization of society what international law considers the government of the State, a legal condition for statehood – has almost, or in the case of Somalia totally, disappeared from the ground. Such a loss of effective control that the government exercises over the population and territory of the State – the other legal conditions for statehood – pose several complex international legal questions. First and foremost, from a formal perspective, the issue is raised of whether a State that looses one of its constitutive elements of statehood continues to be a State under International Law. Such a question may only be answered after considering the international legal conditions for statehood, as well as the way current international law has dealt with the creation, continuity and extinction of States. If entities suffering from State ‘failure’, ‘collapse’ or ‘disintegration’ and referred to as ‘failed’, ‘collapsed’ or ‘disintegrated’ States continue to be States in an international legal sense, then the juridical consequences that the lack of effective government create on their condition of States and their international legal personality have to be identified and analysed. Our point of departure will therefore be to analyze ‘State collapse’ and the ‘collapsed’ State from a formal, legal perspective, which will allow us to determine both whether 122 Pablo Moscoso de la Cuba the entities concerned continue to be States and the international legal consequences of such a phenomenon over the statehood of the concerned entities.
    [Show full text]
  • The Reservations to the Protocols Additional to the Geneva Conventions for the Protection of War Victims
    International Review of the Red Cross, No. 849, March 2003, pp. 143-184. Faits et documents Reports and documents The reservations to the Protocols additional to the Geneva Conventions for the protection of war victims JULIE GAUDREAU* * Julie Gaudreau is a former staff member of the ICRC Advisory Service on International Humanitarian Law. On 8 June 1977, the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts (Geneva, 1974-1977) adopted two protocols additional to the Geneva Conventions of 12 August 1949 for the protection of war victims. The Protocols have not yet attained the universality of the Geneva Conventions,1 but 160 States are nevertheless party to the Additional Protocol relating to the Protection of Victims of International Armed Conflicts (Protocol I), and 153 are party to the Additional Protocol relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II). The Additional Protocols undeniably enhanced international humanitarian law. The aim here is not to re-examine how – although this is discussed when relevant – but rather to draw up an inventory of all the reservations with which the Protocols have been encumbered.2 To date, 34 States have formulated nearly 150 unilateral declarations pertaining to Protocol I, whereas 13 States have formulated 13 declarations pertaining to Protocol II.3 This article endeavours to ascertain whether those declarations constitute true reservations and, if so, to assess their scope. Legal norms applicable to reservations to the Additional Protocols Like the Geneva Conventions, which they supplement, the Additional Protocols are silent on the subject of reservations.
    [Show full text]
  • Materials on Succession 0Estates Documentation Concernant La Succession D'etats
    ST/LEG/SER.B/ 14 105< MATERIALS ON SUCCESSION 0ESTATES Serie legislative des Nations Unies DOCUMENTATION CONCERNANT LA SUCCESSION D'ETATS UNITED NATIONS NATIONS UNIES (XJ /p.) I mled N at ions Legislative Series MATERIALS ON SUCCESSION OF STATES III Serie legislative des Nations Unies DOCUMENTATION CONCERNANT LA SUCCESSION D'ETATS UNITED NATIONS NATIONS UNIES New York, 1967 ST/LEG/SER.B/14 UNITED NATIONS PUBLICATION Sales Number: E/F.68. V. 5 Price: S U.S. 3.50 (or equivalent in other currencies) PUBLICATION DES NATIONS UNIES Nume'ro de vente: E/F.68. V. 5 Prix: 3,50 dollars des Etats-Unis (ou l'equivalent en monnaie du pays) iii INTRODUCTION The International Law Commission, at its fourteenth session held in 1962, included the "Succession of States and Governments" on its priority list of topics for codification and progressive development as re­ commended by the General Assembly in resolution 1686 (XVI) of 18 December 1961. For the use of the International Law Commission in its work on the topic and, in particular, to facilitate the task of the Special Rapporteur or Rapporteurs who might be eventually appointed, it was decided to collect legal materials relating to the existing practice of States on the matter. By circular notes dated 21 June and 27 July 1962 and 15 July 1963, the Secretary-General invited Governments of Member States to transmit to him the texts of any treaties, laws, decrees, regulations, decisions of national courts and copies of diplomatic correspondence, concerning the process of succession as it affects States which have at­ tained their independence since the Second World War.
    [Show full text]
  • Certain Legal Aspects of Recognizing the People's Republic of China Hungdah Chiu
    Case Western Reserve Journal of International Law Volume 11 | Issue 2 1979 Certain Legal Aspects of Recognizing the People's Republic of China Hungdah Chiu Follow this and additional works at: https://scholarlycommons.law.case.edu/jil Part of the International Law Commons Recommended Citation Hungdah Chiu, Certain Legal Aspects of Recognizing the People's Republic of China, 11 Case W. Res. J. Int'l L. 389 (1979) Available at: https://scholarlycommons.law.case.edu/jil/vol11/iss2/7 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Journal of International Law by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Volume 11, Number 2, Spring 1979 Certain Legal Aspects of Recognizing the People's Republic of China by Hungdah Chiu* In this work the author assumes normalization as an established national policy of the United States, and analyzes practical considera- tions and legal problems relating to the implementation of the American normalization policy with the People's Republic of China. In particular, the author addresses questions relating to the current status of the 1972 Shanghai Communiqug, the legal aspects of a treaty termination with the Republic of China, the problem of frozen assets, the internationallegal status of Taiwan, and the international status of the Republic of China as affected by the recognition of the People's Republic of China. I. INTRODUCTION T HE SMALL NUMBER of published studies on legal aspects of normalization of relations with the People's Republic of China (PRC) deal primarily with the United States domestic legal problems concerning normalization.
    [Show full text]
  • Independence in Europe: Secession, Sovereignty, and the European Union
    CONNOLLY MACRO CORRECTED CLEAN(DO NOT DELETE) 2/6/2014 12:55 PM INDEPENDENCE IN EUROPE: SECESSION, SOVEREIGNTY, AND THE EUROPEAN UNION CHRISTOPHER K. CONNOLLY* TABLE OF CONTENTS INTRODUCTION .................................................................................................. 51 I. NATIONALISM IN EUROPE’S STATELESS NATIONS: IDENTITY, AUTONOMY, AND THE ECONOMY ..................................................... 55 A. Catalonia: Rising Separatist Sentiment .................................................. 55 B. Scotland: The Road to the Referendum .................................................. 59 C. Flanders: Breaking Up the Most Successful Failed State of All Time .................................................................................................... 62 II. SECESSION AND SELF-DETERMINATION IN INTERNATIONAL LAW ........................................................................................................... 67 A. Unilateral Secession: Limits on the Right to Self-Determination .......... 68 B. Negotiated Secession: Lessons from Quebec ......................................... 73 III. THE EUROPEAN UNION AS A FORUM FOR SELF- DETERMINATION CLAIMS .................................................................... 78 A. States and Regions ................................................................................. 79 B. The Membership Question ..................................................................... 84 C. The Eurozone Crisis ..............................................................................
    [Show full text]
  • State Successions and Statelessness: the Emerging Right to an Effective Nationality Under International Law
    Michigan Journal of International Law Volume 19 Issue 4 1998 State Successions and Statelessness: The Emerging Right to an Effective Nationality Under International Law Jeffrey L. Blackman Amicus Consulting Follow this and additional works at: https://repository.law.umich.edu/mjil Part of the International Law Commons, and the Public Law and Legal Theory Commons Recommended Citation Jeffrey L. Blackman, State Successions and Statelessness: The Emerging Right to an Effective Nationality Under International Law, 19 MICH. J. INT'L L. 1141 (1998). Available at: https://repository.law.umich.edu/mjil/vol19/iss4/5 This Article is brought to you for free and open access by the Michigan Journal of International Law at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of International Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. STATE SUCCESSIONS AND STATELESSNESS: THE EMERGING RIGHT TO AN EFFECTIVE NATIONALITY UNDER INTERNATIONAL LAW Jeffrey L. Blackman* A. Introduction: The Legal and Human Challenge of State Successions ........................................................................ 114 1 B. The Concept and Function of Nationality......................... 1145 C. The TraditionalView: State Discretion over Nationality Issues .............................................................. 1151 D. Nottebohm and the Principle of Effective Nationality...... 1155 E. The Principleof
    [Show full text]
  • The Effects of State Succession on Cultural Property: Ownership, Control, Protection
    Department of Law The Effects of State Succession on Cultural Property: Ownership, Control, Protection Andrzej Jakubowski Thesis submitted for assessment with a view to obtaining the degree of Doctor of Laws of the European University Institute Florence, May 2011 2 EUROPEAN UNIVERSITY INSTITUTE Department of Law The Effects of State Succession on Cultural Property: Ownership, Control, Protection Andrzej Jakubowski Thesis submitted for assessment with a view to obtaining the degree of Doctor of Laws of the European University Institute Examining Board: Prof. Francesco Francioni, European University Institute (Supervisor) Prof. Ernst-Ulrich Petersmann, European University Institute Prof. Kurt Siehr, Max-Planck-Institute for Comparative and International Private Law Prof. Władysław Czapliński, Polish Academy of Sciences © 2011, Andrzej Jakubowski No part of this thesis may be copied, reproduced or transmitted without prior permission of the author 1 2 Acknowledgments It is a pleasure to acknowledge the input and assistance that I have received in the writing of this dissertation. Research for this study has been possible by a Polish national grant at the Law Department of the European University Institute, which provided me with excellent institutional support. I would also like to acknowledge the assistance of the Max-Planck Institute for Comparative and Private International Law in Hamburg, and the Max-Planck Institute for Comparative Public Law and International Law in Heidelberg. I am very fortunate to have been able to receive guidance from my supervisor, Francesco Francioni, who constantly encouraged me in my research and showed me what academic excellence and professionalism stand for. I am whole heartedly thankful for his patience, support and enthusiasm.
    [Show full text]
  • BOSNIA-HERZEGOVINA V. YUGOSLAVIA)
    INTERNATIONAL COURT OF JUSTICE 11 July 1996 General List No. 91 CASE CONCERNING APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE (BOSNIA-HERZEGOVINA v. YUGOSLAVIA) PRELIMINARY OBJECTIONS Jurisdiction of the Court — Withdrawal of the fourth preliminary objection of Yugoslavia — Article IX of the Genocide Convention: (a) Jurisdiction ratione personae — Intention expressed by Yugoslavia to remain bound by the treaties to which the former Yugoslavia was party — It has not been contested that Yugoslavia was party to the Genocide Convention — Notice of Succession addressed by Bosnia-Herzegovina to the Secretary-General of the United Nations — Accession to independence of Bosnia-Herzegovina and admission to the United Nations — Article XI of the Genocide Convention opens it to "any Member of the United Nations" — Bosnia-Herzegovina could become a party to the Genocide Convention through the mechanism of State succession — Lack of mutual recognition of the Parties at the time of filing of the Application — Article X of the Dayton-Paris Agreement — Principle whereby the Court should not penalize a defect in a procedural act which the applicant could easily remedy. (b) Jurisdiction ratione materiae — Existence of a legal dispute — Dispute falling within the provisions of Article IX of the Genocide Convention — Applicability of the Convention without reference to the circumstances linked to the domestic or international nature of the conflict — The question whether Yugoslavia took part in the conflict at issue belongs to the merits — The obligation each State has to prevent and punish the crime of genocide is not territorially limited by the Convention — Article IX does not exclude any form of State responsibility under the Convention.
    [Show full text]
  • State Succession to Territorial Obligations, South Sudan, and the 1959 Nile Waters Agreement
    Emory International Law Review Volume 27 Issue 2 2013 Inheriting International Rivers: State Succession to Territorial Obligations, South Sudan, and the 1959 Nile Waters Agreement Mohamed S. Helal Follow this and additional works at: https://scholarlycommons.law.emory.edu/eilr Recommended Citation Mohamed S. Helal, Inheriting International Rivers: State Succession to Territorial Obligations, South Sudan, and the 1959 Nile Waters Agreement, 27 Emory Int'l L. Rev. 907 (2013). Available at: https://scholarlycommons.law.emory.edu/eilr/vol27/iss2/7 This Article is brought to you for free and open access by the Journals at Emory Law Scholarly Commons. It has been accepted for inclusion in Emory International Law Review by an authorized editor of Emory Law Scholarly Commons. For more information, please contact [email protected]. HELAL GALLEYSPROOFS2 5/1/2014 9:02 AM INHERITING INTERNATIONAL RIVERS: STATE SUCCESSION TO TERRITORIAL OBLIGATIONS, † SOUTH SUDAN, AND THE 1959 NILE WATERS AGREEMENT ∗ Mohamed S. Helal ABSTRACT South Sudan’s independence has increased the number of Nile riparian states to eleven. Unfortunately, the Nile remains without an all-inclusive legal regime to regulate its use and to ensure that this indispensable natural resource is conserved for future generations. What, therefore, are the legal obligations of the newborn Republic of South Sudan regarding the Nile River? Specifically, this Article asks whether the Egyptian-Sudanese Nile Waters Agreement of 1959 has devolved onto South Sudan. This Article looks to the law of state succession to treaties to answer to this question. This is a field of international law that is beset with considerable uncertainty.
    [Show full text]